[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Proposed Rules]
[Pages 17357-17359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6761]



[[Page 17357]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20866; Directorate Identifier 2004-NM-258-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Dornier Model 328-100 and -300 series airplanes. This 
proposed AD would require a pressure test and detailed inspection of 
each fuselage drain line to determine if there is a blockage, and 
related investigative/corrective actions if necessary. This proposed AD 
is prompted by a report of leakage at one of the drain lines in the 
fuselage. We are proposing this AD to prevent blockage within the drain 
lines, causing fluids to collect. These fluids may freeze and expand, 
damaging the drain lines, and allowing fuel to leak into the cabin and 
fuel vapors to come into contact with ignition sources, which could 
result in consequent fire in the cabin.

DATES: We must receive comments on this proposed AD by May 6, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 Wessling, Germany.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20866; the directorate identifier for this docket is 
2004-NM-258-AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20866; 
Directorate Identifier 2004-NM-258-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for 
Germany, notified us that an unsafe condition may exist on certain 
Dornier Model 328-100 and -300 series airplanes. The LBA advises that, 
during maintenance, an operator detected leakage at one of the drain 
lines in the fuselage. Investigation revealed that blockages within the 
drain line caused the leakage. The blockages allowed fluids to collect, 
which froze and expanded, and damaged the drain line. A damaged drain 
line allows fuel to leak into the cabin and fuel vapors to come into 
contact with ignition sources, which could result in consequent fire in 
the cabin.

Relevant Service Information

    Dornier has issued Service Bulletins SB-328-53-462, Revision 1, 
dated July 15, 2004 (for Model 328-100 series airplanes); and SB-328J-
53-214, Revision 1, dated July 15, 2004 (for Model 328-300 series 
airplanes). The service bulletins describe procedures for performing a 
pressure test and detailed inspection of each fuselage drain line to 
determine if there is a blockage, and related investigative/corrective 
actions. The service bulletins specify that, if a drain line fails the 
initial pressure test, the detailed inspection must be done before 
further flight; otherwise, the inspection may be delayed until the next 
C-check. If a drain line fails the initial detailed inspection, the 
corrective actions include repairing that drain line or replacing it 
with a new drain line, and repeating the pressure test. Accomplishing 
the actions specified in the service information is intended to 
adequately address the unsafe condition. The LBA mandated the service 
information and issued German airworthiness directives D-2004-448 and 
D-2004-449, both effective October 14, 2004, to ensure the continued 
airworthiness of these airplanes in Germany.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in Germany and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above. We have examined the LBA's findings, 
evaluated all pertinent information, and determined that we

[[Page 17358]]

need to issue an AD for products of this type design that are 
certificated for operation in the United States. Therefore, we are 
proposing this AD, which would require accomplishing the actions 
specified in the service information described previously.

Clarification of Compliance Time for Detailed Inspection

    Operators should note that the service bulletins specify that the 
detailed inspection of the drain lines for blockages can be done 
immediately after the initial pressure test, or at a later time, but 
not later than ``the next scheduled C-check.'' The German airworthiness 
directives specify that the compliance time for accomplishing the 
detailed inspection is ``not later than the next planned C-check.'' 
Since C-check schedules vary among operators, such a nonspecific 
compliance time would provide no assurance that operators would do this 
inspection before safe flight is compromised. This proposed AD would 
require accomplishment of that inspection within 24 months after the 
effective date of this AD. In developing an appropriate compliance time 
for this AD, we considered not only the manufacturer's recommendation, 
but the degree of urgency associated with addressing the subject unsafe 
condition, the average utilization of the affected fleet, and the time 
necessary to perform the inspection. In light of all of these factors, 
we find a compliance time of 24 months for completing the required 
actions to be warranted, in that it represents an appropriate interval 
of time for affected airplanes to continue to operate without 
compromising safety.

Costs of Compliance

    We estimate that this AD affects about 53 Model 328-100 series 
airplanes and 57 Model 328-300 series airplanes of U.S. registry. The 
following table provides the estimated costs for U.S. operators to 
comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                                              Average                        Cost per      U.S. -
            Action              Work hours   labor rate        Parts         airplane    registered   Fleet cost
                                              per hour                                   airplanes
----------------------------------------------------------------------------------------------------------------
Pressure test................            2          $65  None............         $130          110      $14,300
Detailed inspection..........            5           65  None............          325          110       35,750
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Fairchild Dornier GMBH (Formerly Dornier Luftfahrt GmbH): Docket No. 
FAA-2005-20866; Directorate Identifier 2004-NM-258-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by May 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dornier Model 328-100 series airplanes 
without option 033F003 ``Extended Range'' installed, and Dornier 
Model 328-300 series airplanes having serial numbers 3005 through 
3119 inclusive, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report of leakage at one of the 
drain lines in the fuselage. We are issuing this AD to prevent 
blockage within the drain lines, causing fluids to collect. These 
fluids may freeze and expand, damaging the drain lines, and allowing 
fuel to leak into the cabin and fuel vapors to come into contact 
with ignition sources, which could result in consequent fire in the 
cabin.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Initial Pressure Test

    (f) Within 4 months after the effective date of this AD: Perform 
an initial pressure test and any applicable related investigative 
and corrective actions in accordance with the Accomplishment 
Instructions of Dornier Service Bulletin SB-328-53-462, Revision 1, 
dated July 15, 2004 (for Model 328-100 series

[[Page 17359]]

airplanes); or SB-328J-53-214, Revision 1, dated July 15, 2004 (for 
Model 328-300 series airplanes); as applicable. Do any applicable 
related investigative or corrective action before further flight.

Detailed Inspection

    (g) After doing the pressure test required by paragraph (f) of 
this AD, but not later than 24 months after the effective date of 
this AD: Perform a detailed inspection and related investigative and 
corrective actions, in accordance with Part 2 of the Accomplishment 
Instructions of Dornier Service Bulletin SB-328-53-462, Revision 1, 
dated July 15, 2004; or SB-328J-53-214, Revision 1, dated July 15, 
2004; as applicable.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (i) German airworthiness directives D-2004-448 and D-2004-449, 
effective October 14, 2004, also address the subject of this AD.

    Issued in Renton, Washington, on March 30, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6761 Filed 4-5-05; 8:45 am]
BILLING CODE 4910-13-P